South Africa Case Law

Montic Dairy (Pty) Ltd and Others v Moraitis Investments (Pty) Ltd and Others (A5084/2014)

Montic Dairy (Pty) Ltd and Others v Moraitis Investments (Pty) Ltd and Others (A5084/2014) [2016] ZAGPJHC 195 (12 May 2016)

Court

South Gauteng High Court, Johannesburg

Case number

A5084/2014

Judges

Matojane, Hawyes, Moshidi

Majority appeal judgment on whether a trustee could bind a trust to a settlement without co-trustee authority and whether the deal triggered Companies Act section 112.

• Trustee Authority
• Settlement Agreement
• Companies Act Section 112
• Joint Action By Trustees
• Compromise Of Litigation
• Trustee-authority

Minister of Safety and Security v Lupacchini and Others (A217/2008)

Minister of Safety and Security v Lupacchini and Others (A217/2008) [2009] ZAFSHC 82 (3 September 2009)

Court

Free State High Court, Bloemfontein

Case number

A217/2008

Judges

Van der Merwe, Van Zyl, Claassen

Section 6(1) of the Trust Property Control Act is clear and unambiguous: a person appointed as trustee may not act in that capacity unless authorised in writing by the Master. This requirement applies to all acts performed in the capacity of trustee, including the institution of legal proceedings. The trust deed required two trustees to act jointly, and both trustees must be authorised by the Master for the trust to have capacity to litigate. As one trustee was not authorised at the time the action was instituted, the trust lacked the necessary capacity to litigate. The trial court erred in d…

Source excerpt

• Trust Property Control Act
• Capacity To Litigate
• Joint Action By Trustees
• Locus Standi
• Statutory Interpretation